Sunday, 17 February 2013

Theresa May In The Footsteps Of The Fuhrer

Entrance to the Way of Human Rights, Nuremberg.
Entrance to the Way of Human Rights, Nuremberg. (Photo credit: Wikipedia)

Theresa May has vowed to introduce new laws on deportation.

May wrote today in the Mail On Sunday -

"This is not a dispute about respect for human rights, which I certainly agree is an essential part of any decent legal system.
It is about how to balance rights against each other: in particular, the individual's right to family life, the right of the individual to be free from violent crime, and the right of society to protect itself against foreign criminals."

I am not sure if May is aware  but there is no right of the individual to be free from violent crime, or the right of society to protect itself against foreign criminals. I presume her ignorance of what human rights are has produced this rant against the all important arm of the Separation of Powers an Independent Judiciary.

Human Rights are Universal,they are not a pick and mix decided by politicians. Human Rights laws do create some unpalatable situations in what have been some high profile cases but deciding on who should and who should not be afforded those rights is walking in the steps of Hitler.

"In Germany, long before 1933, legal theorists
were rejecting the idea that states were bound by a set of
external and abstract legal norms that guaranteed the civil
rights of the individuals and an independent judicial
system. Hitler only stepped in this track."

Historians have noted that Germany's slide into National Socialism was a gradual process of popular desire for simple answers, the desire for a strong leadership and a gradual process of new laws to dilute the power of the Judiciary.

Theresa May went on to say-
 " It is essential to democracy that the elected representatives of the people make the laws that govern this country - and not the judges.
 Yet some judges seem to believe that they can ignore Parliament's wishes if they think that the procedures for parliamentary scrutiny have been 'weak'. That appears actually to mean that they can ignore Parliament when they think it came to the wrong conclusion."

It is unfortunate that May is unaware of Common Law, the law created by Judges in individual legal cases, something one would have hoped a Home Secretary would be aware of!
And further it is the Judiciary's responsibility to keep in check the power of the legislature by questioning Government's legislation.

" Unfortunately the initial coordination between the executive and legislative branches wasn’t fully effective in regards to controversial verdicts.  In a fit of frustration Hitler announced to the Reichstag that he would directly intervene in the judicial process.  The Reichstag, not surprisingly, granted him this request stating that it was Hitler’s authority to “enforce, with all means which he may consider suitable, every German’s duties… in case violations of duties he has the right to impose the proper penance…  in particular, he may remove anyone from his office, rank and his position, without resort to the established procedures.”[19]  Judges were informed that their decisions were to be guided by ideology rather than legal doctrine, and that these decisions were to be clear, concise and uncomplicated.[20]  Their subservience to the F├╝hrer was once again reinforced."

If a foreigner commits a crime in the UK and they have a Human Right to remain in the UK then they should be punished in the UK.
This is not a problem with Human Rights Law but yet another politician upset they not only make law but have to abide by it as well!

As I pointed out in my previous post

Without the protection of European Law, without a majority in Parliament and bypassing the House of Lords the Cameron Government could quite legally pass a law (based on a Blair type perceived threat) dissolving Parliament and creating a dictatorship."

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